§ 20-22. Establishment; Department head; functions, powers and duties.

A. 

Establishment. There shall be established herewith a separate department of the Town to be known as the "Department of Law."

B. 

Department head. The principal executive officer and administrative head of such Department shall be the Town Attorney, who shall be appointed by the Town Board for the terms fixed by law at such salary as may from time to time be fixed by the Town Board. The Town Attorney shall be appointed on the basis of his administrative experience and qualifications for the duties of such office. The Town Board may appoint Deputy Town Attorneys, one of whom shall generally act for and in behalf of the Town Attorney, at such salary and for such term as may from time to time be fixed by the Town Board, and who shall perform such duties as may be directed by the Town Board and as are vested in and imposed upon that office by the provisions of this article or any other statute or law. The Town Attorney shall have full power and authority to remove assistants and to appoint or remove employees within the Department in accordance with the Civil Service Law and other applicable laws, except the appointment and removal of Deputy Town Attorneys, who shall be appointed and removed by the Town Board. The Town Attorney shall have powers as shall be necessary for the proper administration of the Department, consistent with applicable provisions of law, and shall have sole discretion and judgment to amend or modify the allocation of responsibilities or to establish, consolidate or abolish divisions or bureaus within the Department.

C. 

Functions, powers and duties. The Town Attorney shall be the attorney for the Town Board and all of the Town officers in their official capacity and shall be the counsel and legal representative of the Town Board in all proceedings, undertakings or activities which the Town Board is concerned with or involved in. In addition, the Town Attorney shall have the following powers and duties:

(1) 

To render legal advice to all Town departments, agencies and offices, as well as to special boards established by the Town Board.

(2) 

To prepare or approve and process all leases and land acquisitions on behalf of the Town.

(3) 

To prepare or approve and process all contracts entered into by the Town, its agencies and departments, including, where required, approval of notices to bidders, specifications, contract documents, insurance and bonds; to supervise the review and preparation of contracts and related local laws and any and all change orders and notices of lien; and to attend all necessary conferences involving departments, consultants and contractors and render legal advice and assistance during the term of such contracts.

(4) 

To prepare and process all special agreements entered into by and on behalf of the Town, such as consultant agreements and concession agreements.

(5) 

To prepare, review and recommend all Town local laws and amendments thereto and related public notices and local laws.

(6) 

To perform legal research and render legal opinions.

(7) 

To review all petitions and exhibits for changes of zone and special use permits, including preparation of public notices and related local laws.

(8) 

To administer Town efforts concerning the acquisition, management and disposition of real property.

(9) 

To review all applications and petitions in relation to special district improvements or extensions, including preparation of related public notices, local laws, orders and other required documents.

(10) 

Except as otherwise provided, to represent the Town in all litigation matters, including the preparation and filing of all necessary pleading, briefs, memoranda of law, etc., and make recommendations as to settlement or appeal of such matters.

(11) 

To prosecute violations of Town local laws; provided, however, that the Town Attorney may negotiate dispositions in such matters.

(12) 

To administer the Parking Violations Bureau and prosecute violations of the Uniform Code of Traffic Ordinances; provided, however, that the Town Attorney may negotiate dispositions in such matters.

(13) 

The Town Attorney shall be empowered to commence, defend or appeal actions and proceedings in the name of the Town as in his judgment may be necessary for the benefit or protection of the Town in any of its rights or property.

(14) 

The Town Attorney shall be empowered to perform such other duties and functions which are prescribed to be performed by him in any local law or resolution of the Town Board or lawful directive of the Supervisor. However, the Town Attorney may delegate any of his powers to or direct any of his duties to be performed to any Deputy or Assistant Town Attorney.

(15) 

Furthermore, the Town Attorney is hereby authorized and empowered, subject to the prior approval of the Town Board, except that such prior approval will not be required in cases of emergency, to retain and employ private consultants, experts and other parties which the Town Attorney deems proper and appropriate in promulgating the responsibilities and obligations of his office.

(16) 

To assume any additional duties as may be assigned by the Town Board.

Amended 11-16-2004 by L.L. No. 37-2004, effective 11-22-2004; 6-4-2013 by L.L. No. 30-2013, effective 6-17-2013; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014